The governor’s inaction leaves hundreds of thousands without representation, prompting a lawsuit to ensure timely democratic participation
TALLAHASSEE, FL — The American Civil Liberties Union (ACLU) of Florida has filed a lawsuit on behalf of Santa Rosa and Brevard County voters to compel Governor Ron DeSantis to fulfill his constitutional obligation to call special elections for the vacant Florida State House District 3 and Senate District 19 seats.
The vacancies arose following the resignations of State Representative Joel Rudman and State Senator Randy Fine, who stepped down on November 25, 2024, and November 26, 2024, respectively, to run in special congressional elections. With Rudman’s resignation being effective January 1, 2025, the constituents in House District 3 now lack representation in the Florida Legislature. Fine’s resignation goes into effect on March 31, 2025, halfway through the upcoming legislative session. Despite the urgency, Governor DeSantis has not yet set a date for special elections—over six weeks after Rudman and Fine announced their resignations.
The lawsuit, filed in Leon County Circuit Court, alleges that Governor DeSantis has violated his mandatory duty under the Florida Constitution and state law by failing to call a special election. Historically, Florida governors have acted within a week of a resignation to ensure timely representation for constituents. The governor’s inaction, the lawsuit contends, breaks with this precedent, effectively disenfranchising voters in House District 3 and Senate District 19.
Christina Forrest, a Navarre resident and plaintiff in the lawsuit, stated: “The Santa Rosa community has the right to full representation in the Legislature; the governor’s refusal to call a special election deprives us of that right, breaking with decades of precedent. It’s undemocratic and wrong.”
Janet Laimont, a Palm Bay resident and plaintiff in the lawsuit, stated: “Brevard County deserves a state senator who will represent us in Tallahassee without delay. We’re filing this lawsuit to demand that the governor fulfill his duty and ensure our community’s voice is heard.”
This is not the first time the ACLU of Florida has taken legal action against Governor DeSantis for failing to call a special election. In 2023, a similar lawsuit was filed by the ACLU of Florida when Governor DeSantis failed to call a special election for a State House seat in Miami-Dade County. The governor only set the election after being ordered by a judge to explain his inaction. Separately, in 2021, voters in three State House districts were forced to sue after prolonged delays in calling elections for vacant seats.
Nicholas Warren, Staff Attorney for the ACLU of Florida, expressed deep concern over the governor’s repeated delays: “I don’t understand why the governor resists calling special elections in a timely manner. From Jeb Bush to Rick Scott, past governors moved quickly to ensure the people retained their voice in government. DeSantis’s refusal to do so is both troubling and illegal.”
Historically, governors have scheduled special elections concurrently with other already-planned elections to ensure voters are not left voiceless.
House District 3 covers most of Santa Rosa County and a portion of northern Okaloosa County. Senate District 19 covers most of Brevard County. The complaint in Laimont v. DeSantis can be viewed here.
